Rafferty Law

06/15/2021

06/03/2021

Rafferty Law is seeking to add another law clerk to the team. The position to be filled is that of a residential real estate clerk. The job would also involve handling Wills & Estates overflow and other office duties as necessary. This is a permanent position, either full-time or part-time.

This is not a job where you would be required to work alone all day, although we are seeking someone who can hit the ground running as far as real estate goes. We are looking for a good communicator who values collaboration and teamwork and has high standards of professionalism and deportment. The job is located in Belleville, Ontario and the regular business hours are 9:00am-5:00pm.

MINIMUM QUALIFICATIONS: At least two years experience in transactional residential real estate and formal qualifications from an Ontario college. Those with under two years experience may be considered if they have recently graduated from an Ontario law clerk program with high marks and excellent references.

ADDITIONAL QUALIFICATIONS: Though not necessary, experience in Wills & Estates, civil litigation, and cloud-based applications would be considered assets.

COMPENSATION: Salary to be commensurate with experience. In addition to normal vacation, full-time staff also receive paid holiday for the week of Christmas. Sick days are fully paid.

If interested, you may apply through Facebook. If you prefer not to apply through Facebook, please visit our page or website for the office's contact information.

Only candidates for interview will be contacted.

10/06/2020

Case Law Update: How safe is your beneficiary designation?

2020 ONSC 1506 re: Calmusky Estate

An interesting judgement has arisen from the Ontario Superior Court of Justice earlier this year with respect to beneficiary designations on registered assets.

The decision arises out of a dispute regarding a beneficiary designation on a Registered Retirement Income Fund. The Respondent, who was the beneficiary named on a RRIF held in his late father's name, argued that he was entitled to the proceeds of the account as named beneficiary (as has traditionally been the view except where there is some evidence to the contrary).

The Applicant, the brother of the Respondent and a disappointed beneficiary, argued that where an adult child is named as a beneficiary on a registered asset, that adult child holds the proceeds on trust for the Estate of the parent. The Applicant was effectively arguing that a presumption arises in law similar to that which arises where assets are held on joint account with an adult child.

There is no appellate case law that would support this finding, however the hearing judge viewed the law as clarified by the Supreme Court in Pecore was applicable (in Pecore, the Court clarified that assets held on joint account with an adult parent are presumptively held in trust for the Estate of that adult parent and are not the subject of a gift to the adult child. While now settled law, this reasoning has never before been applied to registered accounts).

Many in the Ontario bar will be watching closely how this matter develops and whether future judgements support the court's finding in this instance. In addition to the registered account issue, there was also a dispute as to occupation rent which was, itself, unusual in its disposition. However, the rent matter is not the main takeaway from this case.

The long and short of it is that there may yet be another reason why clients should be extremely judicious in making beneficiary designations on registered assets. Even before re: Calmusky Estate, this was an area fraught with potential pitfalls. Beneficiary designations can undermine the Estate plan, cause adverse tax consequences, and generally reduce accountability in the administration of the Estate and disposition of the assets.

As always, relying on the advice of non-lawyers or the results of your own online research in order to save a few dollars on legal fees is false economy. Beneficiary designations, particularly those not made in favour of a spouse, should not be made without first consulting with a solicitor knowledgeable in this area and in view of the totality of the Estate plan and your own unique financial, legal, and family circumstances.

08/04/2020

UPDATE ON REMOTE EX*****ON OF WILLS:

Please note that, further to the recent act of the legislature terminating the emergency, and the subsequent extension of the emergency Order permitting remote ex*****on of Wills and Powers of Attorney, estate planning documents may not be executed remotely after August 20, 2020.

Accordingly, Rafferty Law will be offering remote ex*****on of Wills and Powers of Attorney up to August 20. Thereafter, unless a further extension is granted by the government, it will be necessary for clients to attend in-person, while exercising masking and social distancing protocols, in order to execute their estate planning documents.

Further updates will be posted as they arise. Should a further extension of the Order permitting remote ex*****on be granted by the government, Rafferty Law will continue to provide that service to those clients who request or require it as long as it is lawful to do so.

If you have questions regarding any of the above, please contact Rafferty Law at [email protected] or 613-969-7292.

Stay safe!

07/27/2020

Completely digital ex*****on of Wills and Powers of Attorney is an intriguing concept worthy of consideration, especially if it may result in greater accessibility for Ontarians to put their estate plans in order.

It would be important to consider what regulatory and technological safeguards would be proposed to ensure adequate factual investigation and detection of undue influence or capacity-related issues (undue influence being among the most common causes of Will challenges in Ontario today and an enormous burden on beneficiaries, Estates, and our courts as well).

While it is not currently legal to execute these documents entirely electronically, Rafferty Law continues to offer clients the ability to review and execute their documents by video conference (with a wet signature) from the comfort of their own homes.

Please inquire today if this is something you have been considering but, perhaps, have been putting off for some time: 613-969-7292 or [email protected]!

If a person dies without a will, their estate becomes "intestate," and the province's Succession Act will set how the dead's assets are distributed.

07/18/2020

Stop putting things off. You're never too young to get your estate plan in order!

07/10/2020

In compliance with the recent direction of Hastings Prince Edward Public Health, all clients and other members of the public are required to wear a non-medical mask when attending at the office effective today at noon.

Clients are kindly asked to bring and wear their masks when attending at the office. However, disposable non-medical masks will be made available to clients who do not have a mask.

The following persons are exempt from the requirement to wear a non-medical mask:

1. Persons under the age of two years.

2. A child under the age of five years, chronologically or developmentally, who cannot be persuaded by the child's caregiver to wear a face covering.

3. A person with a medical condition rendering the person unable to wear a non-medical mask or face covering safely.

4. A person who cannot apply or remove a non-medical mask or face covering without assistance.

5. A person who cannot wear a non-medical mask or face covering or cannot cover their face in a way that would appropriately control the source of droplets for reasons of religion or other protections under the Ontario Human Rights Code, R.S.O. 1990, c. H. 19, as amended.

Clients and members of the public are thanked in advance for their cooperation with the new masking requirements. If you have any questions regarding Rafferty Law's implementation of the new policy, please contact us by telephone at 613-969-7292 or by email at [email protected]

For more information about the direction from HPEPH, please visit their website:

Hastings and Prince Edward Counties/July 7, 2020 – Hastings Prince Edward Public Health (HPEPH) continues to work in partnership with local businesses and municipalities to prevent the spread of COVID-19. As indicated on July 2, HPEPH strongly recommends that individuals wear face coverings in sit...

07/08/2020

The legislature has passed first reading of a bill that will lay the groundwork for transitioning away from some of the emergency orders made as a result of COVID-19, including the Order permitting virtual ex*****on of Wills and Powers of Attorney.

Please note that executing estate planning documents in this way will likely be permitted for many months yet and Rafferty Law will continue to provide this service to clients who request or require it until it is no longer permitted. In other words, services remain unchanged. Further updates will be made here as necessary.

Please contact the office at 613-969-7292 for more information (and if you're looking for relief from this oppressive heat, consider making an appointment - the meeting room is cool and comfortable, and comes with a view!).

05/03/2020

Further to our earlier post, we are now, unfortunately, at capacity for pro bono estate planning services. However, we do not want cost to be a barrier for those wishing to put their legal affairs in order. Accordingly, we wish to announce that commencing Monday, May 4, 2020, Rafferty Law will be offering flexible payment plans for all members of the public who require new Wills and Powers of Attorney during this unusual time. Payment plans will be tailored on an individual-basis, but will allow clients to make monthly payments over a period of time up to five months. There will be no eligibility requirements and payments made pursuant to the plan will not be subject to interest. We kindly ask, however, that new clients who wish to pay this way advise us at the outset that they wish to make payments over time so that proper arrangements can be made.

Please note that these payment plans are being made available for Will and Power of Attorney drafting services and are not being extended to Estate Litigation or Estate Administration matters.

04/23/2020

UPDATE TO REMOTE SIGNING OF WILLS AND POAS:

A further Order-in-Council was signed yesterday replacing the older one permitting virtual witnessing of Wills and Powers of Attorney. The new Order permits virtual witnessing in the same way as the previous one, however it also now permits Wills and Powers of Attorney to be executed in counterpart. This is a very welcome amendment as it will obviate the need to have two signing appointments as everything to achieve a formally valid Will or Power of Attorney can be done in a single video conference. Clients will still need to mail their copy to our office after the signing appointment, but no follow-up appointment will be necessary in order to complete the witnessing process.

For information on how this could better enable you to safely make new Wills and/or Powers of Attorney during this unusual time, please contact us at 613-969-7292 or at [email protected].